S TAT E L E S S B Y D E C R E E
Kuwait's heightened obligations as a Human
Rights Council (HRC) member
In 2023, Kuwait was elected to the 47-member United Nations Human Rights
Council for the 2024–2026 term. Under paragraph 9 of UN General Assembly
Resolution 60/251, Council members are expected to “uphold the highest
standards in the promotion and protection of human rights.” Membership
therefore entails a heightened expectation of compliance with evolving
international human rights standards. However, Kuwait ʼs new nationality
framework flouts the Councilʼs June 2023 resolution on equality in nationality
rights. 32 The resolution:
"Urges all States to refrain from enacting or maintaining discriminatory nationality
legislation, policies and practices, in a manner consistent with their respective
obligations under international law, with a view to avoiding statelessness and loss
of nationality, preventing vulnerability to human rights violations and abuses,
decreasing the risk of exploitation and abuse, and eliminating discrimination
against all women and girls in the acquisition, change, retention or conferral of
nationality.”
It fur ther encourages a review of laws and practices that cause statelessness and
requires safeguards ensuring equality between men and women in the conferral
of nationality and access to documentation.
The GoK has expressly ignored the overwhelmingly majority of specif ic concerns
raised by successive UN treaty bodies, special procedures and par tner
governments - as par t of the UPR, as well as repeated appeals from civil society
from 2024 to 2026. 33 The GoK has instead continued to entrench discriminatory
nationality laws, resist accountability mechanisms, and strip tens of thousands of
people of citizenship without due process, in direct contravention of its
international obligations. This pattern of non-compliance is not incidental: it
reflects a deliberate and sustained policy choice to subordinate international
human rights obligations to domestic law and practice, a choice that has directly
enabled the arbitrary deprivation of nationality of tens of thousands of
individuals.
The GoK is standing for re -election to the 2027-2029 cycle of the Human Rights
Council. States are permitted to stand and be members of the Human Rights
Council for two consecutive cycles. The International Service for Human Rights
has issued a scorecard (see image below) that offers a quick 'at-a-glance' of
Kuwait ʼs human rights record through criteria focusing on its cooperation with
UN human rights bodies. Through Council membership, States commit themselves
to “uphold the highest standards in the promotion and protection of human rights”, and
to fully cooperate with the Council and its mechanisms. As the GoK doesn't meet
13 of the 17 scorecard criteria, our organisations conclude that Kuwait does not
comply with the Human Rights Council membership criteria.
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